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<br />��- ' DEED OF TRUST
<br />Loan No: 872058045 (Continued)
<br />Page 3
<br />such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to tha
<br />balance of tha Credit Agresment and be apportipned among and be payable with any installment payments to become due during either (1)
<br />the term of any applica6le insuranca policy; or (2) the remaining term of the Credit Agresment; or (C) be treated as a belloon payment
<br />which will be due and payable at the Credit Agreement's maturity. The Dead of Trust also will secure payment of these amounts. The
<br />rights provided for in this paragraph shall 6e in addition ta any other rights or any remedies to which Lender may be entitled on account of
<br />any default. Any such action by Lendar shall not be construed as curing the dsfault so as to bar Lender from any remedy that it otherwise
<br />would have had.
<br />WARRANTY; pEFENSE OF TITLE. The fallowing provisions relating to ownership of the Property are a part of this Deed of Trust:
<br />Title. 7rustnr warrants that: (a) Trustor holds gvod and marketable title of record to the Property in fee simple, free and clear of all
<br />liens and encumbrances other than thase set forth in the Real Property description or in the Existing Indebtedness section below or in
<br />any title insurance policy, title report, or final title opinion issued in tavor of, and sccepted by, Lender in connection with this peed of
<br />Trust, and (b) Trustor hss the full right, power, and authority to execute and deliver this Deed of Trust tn Lender.
<br />Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title to the Property
<br />against the lawful claims of all persons, In the event any action or proceeding is commenced that questions 7rustor's title or the
<br />interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustor's expense. Trustor may be the
<br />nominal party in such proceeding, but Lender shall be entitled to participate in the procaeding and to be represented in the proceeding
<br />by counsel of Lender's own choice, and Trustor will deliver, or cause to be delivered, to Lender such instrumants as Lender may
<br />request from #ime to time to permit such participation.
<br />Compliance With Laws, Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable
<br />laws, ordinances, and regulations of governmental authorities.
<br />Survival of Promises. All promises, agreements, and statements Trustor has made in this Deed of Trust shall survive the execution
<br />and delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such time as 7rustor's
<br />Indebtednsss is paid in full.
<br />EXISTING INDEBT�pNESS. The fvllowing provisions concerning Existing Indebtedness are a part of this Deed of Trust:
<br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secnndary and inferinr to an existing lien, Trustor
<br />expressly covenants and agrees to pay, or see to the payment of, the Existing indebtedness end to prevent any default on such
<br />indebtedness, any defauft under the instruments evidencing such indebtedness, or any default under eny security documents for such
<br />indebtedness.
<br />No Modification. Trustor shall not enter into any agreament with the holder of any mortgage, deed of trust, or other security
<br />agreement which has priority over this peed of Trust by which that agreement is modified, amanded, extended, or renewed without
<br />the prior written consent of Lender. Trustor shall neither request nor accept any future advances under any such security agreement
<br />without tha prior written consent of Lender.
<br />CONDEMNATION. Tha following provisions relating to condemnation proceedings are a part of this beed of Trust:
<br />Proceadings. If any proceeding in condemnation is filed, Trustor shalt promptly notify Lender in writing, and Trustor shell promptly
<br />take such steps as may be necessary to defend the action and o6tain the award. Trustor may be the nominal party in such
<br />proceeding, but Lender shall be entitled tp participate in the procseding and to be represanted in the proceeding by counsel of its own
<br />choice, and Trustor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by
<br />Lender from time to time to permit such participation.
<br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent damain proceadings or by any proceeding or
<br />purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied
<br />to the Indebtedness or the repair or restoration pf the Property. ?he net proceeds of the award shall mean the award after payment of
<br />all reasonabla costs, expenses, and attorneys' fees incurred by Trustee or Lender in connaction with the condemnation.
<br />IMPQSITION QF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHOR171E5. The following provisions relating to gnvernmental
<br />taxes, fees and charges are a par# of this Deed of Trust:
<br />Current 7axes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of 7rust
<br />and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shell
<br />reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed
<br />of Trust, including withou# limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of
<br />Trust.
<br />Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of ?rust or upon
<br />all or any part pf the Indebtednass secured by this peed of Trust; (2) a specific tax on Trustor which Trustor is authorizad or
<br />required to deduct from payments nn the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type nf beed of Trust
<br />chargeable against the Lender or the holder of the Credit Agreement; and (4) a specific tax on all or any portion of the Indebtedness
<br />or on payments of principal and interest made by Trustor.
<br />Sudsequent Taxes. If any tax to which this section applies is anacted subsequent to the date of this Deed of Trust, this event shall
<br />have the sama effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as
<br />provided below unless Trustor either (1) pays the tax before it becomes delinquent, or (2) contests the tex as provided above in the
<br />Taxes and Liens section and deposits with Lender cash or s sufficient corporate surety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following prpvisions relating to this Deed of Trust as a security agreement are a
<br />part of this Deed of Trust:
<br />Security Agreement. This instrument shall constitute a 5ecurity Agreement to the extent any of the Prnperty constitutes fixtures, and
<br />Lender shall have ali of the rights of a secured party under the Uniform Commercial Cada as amended from time to time.
<br />Security Interest. Upon request by l.ender, Trustor shall take whatever actinn is requested by Lender to perfect and continue Lender's
<br />security interest in the Personal Property. In addition to recording this Deed of Trust in tha real property records, Lender may, at any
<br />time and withqut further authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of Trust as a
<br />financing statement. Trustvr shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon
<br />default, Trustor shall not remove, sever or detach the Personal Praperty from the Property. Upon default, Trustor shall assemble any
<br />Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender and make it
<br />available to Lender within three (3) days after receipt of written damand from Lender to the extent permitted by applicable law.
<br />Addresses. The mailing addresses of Trustor (debtor) and lender (secured party) from which information concerning the security
<br />interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first
<br />page of this Deed of Trust.
<br />FURTH�R ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating tn further assurances and attorney-in-fact are a part of
<br />this Deed of Trust:
<br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor wili make, execute and deliver, or will cause
<br />to be made, axecuted or delivered, to Lender pr to Lender's designee, and when requested by Lender, causa to be filed, recorded,
<br />refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem apprapriate, any and all
<br />such mortgages, deeds of trust, security deeds, security agraements, financing statements, continuation statements, instruments of
<br />further assurance, certificates, and other documents as may, in tha sole opinion of Lender, be necessary or desirable in order to
<br />effectuate, complete, perfect, continue, or preserve (1) Trustor's obligations under the Credit Agreement, this beed of Trust, and
<br />the Related bocuments, and (2) the liens and security interests created by this Deed of Trust on the Property, whether naw owned
<br />or hereafter acquired by Trustor. Unless prohibited by law ar Lender agrees to the contrary in writing, Trustor shall reimburse Lender
<br />for all costs and expenses incurred in connection with the matters referred to in this paragraph.
<br />Attarney-in-Fact. If Trustor fails tn do any of the things referred to in the preceding paragraph, Lender may do so for and in the name
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